16.10 Continuance of Hearings.

A public investigative hearing may be continued by the Commission on its own motion or by the Commission, its Chairman or the Director:

(a) for good cause shown; or

(b) by consent of all parties; or

16.11 Summary Disposition.

(a) The Commission, on its own motion or on motion of a party, may summarily dispose of a public investigation under Rule 16.14(b) or Rule 16.15(a) or on any of the following grounds:

1. that the conduct to be investigated, even if proved, would not constitute a violation of the Civil Service Article or a Civil Service Rule;

2. that the conduct to be investigated has not been described in sufficient detail to enable the respondent to prepare a defense;

3. that the facts asserted to support the conclusion that a violation occurred, even if proved, do not support that conclusion;

4. that the matter under investigation has become moot;

5. that the complainant has already been afforded an opportunity to prove the same charges in an appeal hearing or in another public investigative hearing;

6. that the complainant has failed to bear his burden of proof.

(b) A party may move for summary disposition orally at the public investigative hearing or in writing any time before the Commission renders its final decision in the case.

(c) When the Commission summarily disposes of a public investigation, it shall render a decision in accordance with Rule 16.16.

16.12 Withdrawal of Charges.

(a) With the approval of the Commission, the charges to be investigated may be withdrawn upon the complainant's written request filed before the date of the public investigative hearing or upon the complainant's oral request made at the hearing.

(b) With the approval of the Commission, the parties may settle a public investigation and the settlement shall constitute a final disposition of the investigation.

16.13 Amendment of Charges.

(a) The charges to be investigated may be amended or supplemented by the Commission on its own motion or, with the approval of the Commission, on written motion of the complainant.

(b) The respondent shall be notified of any amended or supplemental charges to be investigated and shall be given a reasonable opportunity to prepare his defense against the additional charges.

16.14 Procedure for Hearings.

(a) The burden of proof, as to the facts, shall be on the complainant.

(b) The Commission may require the complainant to give his sworn testimony before hearing any other witness and if the Commission finds from such testimony that there is no just or legal ground to support the charges, it may decline to hear or consider any other evidence and dismiss the investigation.

(c) If the investigation is not dismissed under subsection (b), the Commission shall allow the complainant to present such evidence as is relevant to the charges.

(d) The charges against a respondent shall not be accepted as prima facie true. Evidence shall not be received from the complainant to supplement or enlarge the charges except as approved under Rule 16.13. The respondent may rebut any proof offered by the complainant in support of the charges.

(e) Except insofar as they refer to referees, the provisions of Civil Service Rule 13.19(a), (b), (d), (g), (h), (i), (j), (k), (l), (n), (o), (p) and (q) are hereby made applicable to public investigative hearings.

16.15 Failure of Parties to Appear at Hearing.

(a) If the complainant, without having been granted a continuance, is neither present nor represented at the place and time fixed for a public investigative hearing, the Commission may order the investigation dismissed.

(b) If a respondent or a respondent's appointing authority, without having been granted a continuance, is neither present nor represented at the place and time fixed for a public investigative hearing, he may be deemed to have waived his appearance and testimony may be taken in his absence with the same effect as if he were present.

16.15.1 Attorney's Fees.

When a complainant does not bear his burden of proving the charge(s) and the Commission finds there is no reasonable basis for the complaint, the Commission may order him to pay reasonable attorney's fees in an amount not to exceed $1,500 per respondent.

16.16 Decisions.

After concluding a public investigative hearing, the Commission shall render a written decision. The Commission's decision shall be final on the day that is rendered and on that date, the Director shall mail a copy of the decision to the parties.

16.17 Certain Rules Governing Appeal Hearings Adopted by Reference.

Except insofar as they refer to referees, the provisions of the following rules are hereby made applicable to public investigative hearings:

(a) Rule 13.16 -"Place of Hearing."

(b) Rule 13.21 -"Subpoena of Witnesses; Production of Documents."

(d) Rule 13.25 -"Refusal to Appear; Refusal to Testify; False Testimony."

(e) Rule 13.26 -"Costs of Appeals."

(f) Rule 13.27 -"Witness Fees."

(g) Rule 13.29 -"Interlocutory Rulings."

(h) Rule 13.32 -"Recusation of Commissioner or Referee."

(i) Rule 13.33 -"Interrogatories; Pre-Trial Discovery; Rehearing of Appeal."

16.18 Applicability to Pending Investigations.

When this Chapter becomes effective, any investigation which has already been docketed but has not yet been decided shall be processed in accordance with Rule 16.5.